FATHER SEEKS FOR UNSUPERVISED TIME WITH HIS DAUGHTER AS SUPPORTED BY EXPERT EVIDENCE
Avila & Hodges [2020] FCCA 3255 (17 November 2020)
This is an interim parenting proceeding where expert’s report recommends progression of the father’s time including unsupervised time.
Facts:
This case is about a child, X, who is 4 years old. X currently lives with her mother and maternal grandparents in Town A in New South Wales.
Her father, who lives in the Region B area of New South Wales, currently spends time with her on a supervised basis every 3 weeks at his home on Saturday and Sunday afternoons. In short, her father would like to increase his time with X and move to unsupervised.
A privately funded Family Report was produced by Dr. C, a forensic and clinical psychologist. Dr. C refers to the concerns about the Father’s drug use. She made it clear that regular testing over a long period with only 1 lapse suggested a move to a longer and unsupervised time between X and her father. She noted, however, that the purpose of supervision was, at least in part, to provide reassurance to the Mother, thus making that a relevant consideration.
Issue: Should the court grant the father’s request for a longer and unsupervised time with his daughter?
Law:
- Family Law Act 1975 60B, 60CA and 60CC
Analysis:
The Court accepts Dr C’s Report and the recommendations made therein. It is the only independent and expert evidence in this case. The Court accepts that the evidence has not been tested but consistent with authority that does not necessarily detract from its forensic value at an Interim Hearing. This is especially the case when there are no obvious factual discrepancies in terms of the matters jointly presented by the parties to Dr C, and where her observations both about X and the parents are not matters in respect of which there can be significant factual difference.
Whilst the Court accepts the recommendations made by Dr C by way of a framework, the Court is of the view that the Father’s proposal seeks to implement the spirit of the recommendations at a slightly accelerated pace. Indeed, the real challenge in drafting the Orders in this case is to how to implement Dr C’s recommendations without moving at a pace that is too much for X and indeed for her mother.
Conclusion: The Father’s minute is the template that the Court adopts in its interim orders, but the rate of the progression is slowed down. Unsupervised time will occur within a month and then there will then be an increase from 3 to 5 hours and then overnight starts by 5 June 2021.
